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This Practice Note outlines the law concerning criminal recklessness. The subjective test for recklessness Certain statutory and common law offences allow the prosecution to prove mens rea through ‘recklessness’. Put simply, recklessness is where the accused takes an unjustified risk that results in unlawful harm or damage. The House of Lords in R v G reaffirmed the subjective approach to recklessness. Before R v G, two distinct tests were used, depending on the offence charged: Subjective recklessness from R v Cunningham: the prosecution had to establish that the accused personally foresaw the risk. Objective recklessness from R v Caldwell: the prosecution only needed to show that the risk would have been obvious to a reasonable person, without proving the accused themselves foresaw it. In R v G, the House of Lords concluded that the objective test could operate unfairly where a defendant did not foresee the
This Practice Note examines the remedy of rescission, explaining when and in what manner a contract can be unwound (at common law, in equity and under statute) and thereby terminated and brought to an end. It covers the consequences and effects of rescission, the principal grounds for setting aside an agreement (misrepresentation, mistake, undue influence, duress, non‑disclosure, fiduciary misdealing and bribery) and the main obstacles to claiming rescission—affirmation, the intervention of third‑party rights and the impossibility of restitution. For further guidance on rescission in the context of misrepresentation, see Practice Note: Misrepresentation—rescission as a remedy. There are many ways in which a contract may reach its end; see: Terminating contracts—how and when a contract ends—overview for a brief and accessible summary, with links to the related further practical guidance, including Practice Note: Termination and expiry of contracts. For a table
What is a res judicata? A res judicata is a determination by a court or tribunal with jurisdiction over the cause of action and the parties, which finally disposes of the issues decided so they cannot be litigated again by those bound, save on appeal. Final judgments entered by default or by consent fall within this concept, whereas rulings on purely procedural points and any decision lacking finality do not. The doctrine’s aim is to bring litigation to an end and shield parties from being harassed by the same dispute twice. in personam—binds the parties and their privies in rem—binds all persons, privy or otherwise (ie a judgment binding the whole world) A party may rely on res judicata: as an estoppel to defeat an opponent’s claim or defence; and/or as the basis of their own claim or
The offence of causing grievous bodily harm with intent Wounding or causing grievous bodily harm (GBH) with intent can be tried solely in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must establish that the defendant unlawfully and maliciously: wounded with the intention of causing GBH, or caused GBH with that intention, or wounded intending to resist or prevent the lawful arrest or detention of any person, or caused GBH intending to resist or prevent the lawful arrest or detention of any person ‘Unlawfully’ and ‘maliciously’ Unlawfully The wounding or causing of GBH must be unlawful. Such conduct may be lawful if used: in self-defence in defence of another in defence of property for the prevention of crime where the victim gave express or implied consent For further information on these defences, see below:
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Purpose of environmental searches and investigations Environmental investigations are undertaken for a range of reasons. The price, depth and scope of any study will shift according to its objective. In general, outputs from desk-based reviews through to intrusive works are intended to deliver qualitative and/or quantitative risk evaluations, considering potential effects on human health, buildings and services, ecological receptors, or controlled waters. Searches and investigations also enable parties to land transactions to proceed fully informed about legal liabilities that may arise from historic or current uses of the land. The breadth of an investigation is shaped by the deal terms, the client’s risk appetite, the budget, and the site’s characteristics and environmental context. Typically, an investigation is commissioned: to clarify liabilities under a range of regimes and laws, including: the...
Buyers and sellers weigh numerous factors when conducting thorough due diligence during a commercial transaction for the purchase or disposal of a business together with its operational sites and plant. Environmental considerations ought to form a key part of any diligence process for the enterprise. ' Caveat emptor'—'let the buyer beware'—is a well-established common law doctrine under which the seller has no legal obligation to reveal material facts to a potential purchaser, so the purchaser must make their own enquiries. Environmental regulations can drive substantial capital spending, and such risks may materially change a company’s overall risk profile. Compliance shortcomings may seriously damage reputation, while enforcement could threaten the long term viability or profitability of the business. Commissioning an environmental consultant Provide your environmental consultant with full and relevant context for the proposed deal when commissioning due diligence, so an appropriate and...
What is an Enterprise Zone? Enterprise Zones ( EZs) are specific land areas offering businesses a suite of advantages, intended to draw in new firms or encourage further investment by those already based there. Their scale differs widely, ranging from single business parks through to entire cities or wider regions. The core policy purpose of EZs is to trigger swift business investment over the short term, generate employment, and spark a surge of activity that typically endures for up to three years. To support this, the government provides targeted measures on business rates, relaxed planning rules, and broadband provision, making it simpler to operate within EZs......
This Practice Note examines the ‘right to rent’ regime applying to residential premises in England. It summarises the ‘right to rent’ scheme and signposts the code of practice on right to rent (which explains how landlords and agents can comply with the regulations) and the landlords’ code of practice (relating to avoiding discrimination), alongside other Government guidance. The focus is on residential premises within England only. It also directs readers to Government guidance relevant to the scheme in this area, as appropriate. Background—the 'right to rent' scheme Brought in by the Immigration Act 2014 ( IA 2014), the ‘right to rent’ framework is designed to prevent persons who are not lawfully present in the UK from securing or remaining in private accommodation in the UK. Under the scheme, a private landlord who permits an adult, disqualified from entering into a residential tenancy agreement because of their...
Archived This Practice Note is archived and is no longer being maintained. Forthcoming change The Renters’ Rights Act 2025 obtained Royal Assent on 27 October 2025. For guidance on how the Act affects residential tenancies in England, see Practice Note: Renters’ Rights Act 2025—key provisions. Stop press The Housing and Planning Act 2016 received Royal Assent on 12 May 2016. However, the provisions in Part 3 concerning the recovery of possession of abandoned premises have not yet been brought into force. Accordingly, this Practice Note is provided for information only until those measures commence. This Practice Note concerns the recovery of abandoned residential premises let under an assured shorthold tenancy ( AST) by private landlords in England only. Background Part 3 of the Housing and Planning Act 2016 ( HPA 2016) is intended to enable private landlords to regain possession of abandoned residential property with greater ease, with the aim of making more...
Insolvency of private not-for-profit registered providers of social housing The social housing landscape in England is often labelled a ‘no default’ market, reflecting that no English private not-for-profit registered provider of social housing ( NFPRP) of meaningful scale has ever been wound up through insolvency. When providers have encountered financial stress, the regulator of social housing (under its various historic incarnations) (the Regulator) has, thus far, leveraged regulatory intervention and sector-wide influence, including with the principal funder, to broker rescues by ‘white knights’—typically larger NFPRPs operating in the same locality as the faltering body or organisations with the requisite specialist know-how. This approach has to date avoided insolvent winding-up for significant NFPRPs, with takeovers arranged to steady distressed entities by suitable counterparts. The current housing administration framework was created by Part 4, Chapter 5 of the Housing and Planning Act 2016 ( HPA 2016) and...
This Practice Note summarises aspects of the Housing and Planning Act 2016 ( HPA 2016), which grants local housing authorities ( LHAs) powers to address rogue landlords and property agents, including making banning orders and creating a register of rogue landlords and property agents. These provisions apply solely in England. Part 2 of HPA 2016 introduces measures to improve housing management, strengthening LHAs’ ability to detect and tackle rogue landlords and property agents in the private rented sector. They allow LHAs to seek a banning order that prohibits a landlord or property agent from letting or managing properties for a minimum of 12 months, and establish a database of rogue landlords and property agents. The Renters’ Rights Act 2025 ( RRA 2025) likewise brings in extensive regulation of private sector landlords. For guidance on those provisions, see the following Practice Notes, which provide...
ARCHIVED: This Practice Note is archived and not kept under review. The design and construction phase duties under the higher-risk building ( HRB) regime took effect on 1 October 2023, following a suite of secondary legislation laid by the government in August 2023. That legislation sets out transitional provisions identifying which HRB-related construction schemes must comply with the HRB regime’s regulatory requirements, and which continue under the previous building control regime and building regulations. A central element of these transitional rules is that, where parties notified a building control authority of proposals for HRB works before 1 October 2023 and then confirmed the works had ‘sufficiently progressed’ before 6 April 2024, those works are excluded from the HRB regime’s design and construction phase obligations. This Practice Note provides direction on the transitional provisions and the points parties need to assess when deciding whether their...
This Practice Note examines the enforcement of standard security over heritable property in Scotland. Legal framework The regime governing enforcement of standard securities sits in, and is derived from, Part II of the Conveyancing and Feudal Reform ( Scotland) Act 1970 ( CFR( S) A 1970). The statutory framework originally set out in the CFR( S) A 1970 has been significantly modified for securities over properties used for residential purposes, principally by the following: Mortgage Rights ( Scotland) Act 2001, and Home Owner and Debtor Protection ( Scotland) Act 2010 When considering enforcement of any standard security, the reference point is the security instrument itself and, in particular, the operation and application of the ‘ Standard Conditions’ contained in CFR( S) A 1970, Sch 3. From an enforcement standpoint, normally the key Standard Conditions to note in practice are: Standard Condition 9—which defines the...
This Practice Note focuses on enforcement in Scotland. For guidance on: the position in England and Wales, see Introduction to enforcement—overview, which not only provides a summary of the topic but also links to more detailed guidance on various aspects of domestic enforcement in England and Wales cross-border enforcement, see Practice Note: Cross-border enforcement—a guide for dispute resolution practitioners, which likewise offers an overview and directs you to further detailed guidance on the different elements of cross-border enforcement Court proceedings—value and jurisdiction Commercial disputes worth more than £100,000 can be raised in either the Court of Session or the sheriff court (section 39 of the Courts Reform ( Scotland) Act 2014 ( CR( S) A 2014)). Subject to limited exceptions, matters valued at up to £100,000 are restricted to the sheriff court ( CR( S) A 2014, s 39). For guidance on the civil court structure in...
STOP PRESS : The Energy Performance of Buildings ( Scotland) Regulations 2025, SSI 2025/417 ( EPC Regs 2025) repeal and supersede the Energy Performance of Buildings ( Scotland) Regulations 2008, SSI 2008/309 ( EPC Regs 2008), refreshing Scotland’s energy performance regime for all buildings. Regulations 11 and 12 of the EPC Regs 2025 take effect from 1 January 2026 to permit the approval of organisations and accreditation schemes, with the remainder commencing on 31 October 2026. Under the EPC Regs 2025, owners of non-domestic properties must supply valid Energy Performance Certificates ( EPCs) and Property Reports on sale or lease, and include EPC ratings in advertisements. Developers are required to provide EPCs and reports to owners within seven days of completion, and EPCs must be exhibited in qualifying public buildings. A new national energy performance register, revised assessment methods and local authority...
This Practice Note This Practice Note examines the steps involved in taking a new mortgage over land and property. It proceeds on the basis that the property charged is a registered freehold or leasehold. It is chiefly directed at property practitioners acting for a borrower, a lender, or both, in the context of a simple property acquisition or financing where the lender is a UK-based institutional lender. For introductory material on mortgages and legal charges, see Practice Note: Mortgages and land—an introduction to mortgages and legal charges over land. This Practice Note sets out the principal sections covering the different stages of a typical mortgage transaction. Each section signposts to other Lexis+®UK materials that provide more comprehensive information on the topics addressed in greater depth throughout......
FORTHCOMING CHANGE : The Renters’ Rights Act 2025 obtained Royal Assent on 27 October 2025. For commentary on how the Act will affect residential lettings in England, refer to Practice Note: Renters' Rights Act 2025—key provisions. Private residential tenancies The Private Housing ( Tenancies) ( Scotland) Act 2016 ( PH( T)( S) A 2016) introduced a private sector residential tenancy known as the ‘private residential tenancy’ ( PRT), see Practice Note: Private residential tenancies— Scotland. PRTs commenced on 1 December 2017, displacing the former assured and short assured tenancy framework (see ‘ Tenancies created before December 2017’ below). From 1 December 2017, new assured or short assured tenancies can no longer be created. Assured and short assured tenancies that existed before 1 December 2017 continue to be regulated by the Housing ( Scotland) Act 1988 ( H( S) A 1988), including its...
The rules regarding Scottish electronic documents and their execution are contained in: Requirements of Writing ( Scotland) Act 1995 ( RW( S) A 1995) Assimilated Regulation ( EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market (as amended by the Electronic Identification and Trust Services for Electronic Transactions ( Amendment etc) ( EU Exit) Regulations 2019) ( UK e IDAS) Land Registration etc ( Scotland) Act 2012 ( LRE( S) A 2012) Electronic Documents ( Scotland) Regulations 2014, SSI 2014/83 Land Registration etc ( Scotland) Act 2012 ( Commencement No 2 and Transitional Provisions) Order 2014, No 41 ( C 4) (2014 Order) Land Register of Scotland ( Automated Registration) etc Regulations 2014, SSI 2014/347 Legal Writings ( Counterparts and Delivery) ( Scotland) Act 2015 ( LW( CD)( S) A...
This Practice Note outlines the principal provisions of the Electronic Communications Code (the ‘ Code’), introduced by the Digital Economy Act 2017 ( DEA 2017). It describes: the scope of Code rights; how those rights arise, whether by agreement between the parties or imposed by court order; provisions for assignment, sharing and upgrading; and how consideration and compensation are determined in Scotland. The Code The Code is set out in, and governed by, sections 106–119 and Schedule 3A, Part 1 of the Communications Act 2003 ( CA 2003), inserted by DEA 2017, s 4(2) and Sch 1. Commencing on 28 December 2017, it replaced the earlier Electronic Communications Code in Schedule 2 to the Telecommunications Act 1984 ( TA 1984), as amended by CA 2003. The Code confers statutory rights on telecommunication operators to enable the establishment and operation of their networks and is designed to support the roll-out of...
Background The number of electric vehicles is expected to rise sharply over the coming years, particularly as the UK plans to prohibit the sale of new petrol and diesel cars by 2035 (see: Government sets out path to zero emission vehicles by 2035). Major investment in the UK’s electric vehicle charging points (‘ EVCP’) network will be needed to support the government’s push towards electric vehicles. It is therefore crucial for developers, charge point operators (‘ CPOs’) and landlords to collaborate and capture the opportunities available in this relatively new market. In the real estate context, situations where EVCP issues may arise include: an existing tenant seeking to install EVCPs within their demise or allocated parking bays, requiring a licence to alter from the landlord (and in some instances, a licence to alter outside the demise where cabling must be installed, see...
Introduction When a proposed development calls for an environmental impact assessment ( EIA), that process typically examines how the project may influence protected habitats and species. Alongside this, the Conservation of Habitats and Species Regulations 2017, SI 2017/1012 (the Habitats Regulations) create a distinct statutory regime focused on preventing adverse effects on those habitats and species. This Practice Note looks at how the EIA system and the habitats regime intersect and sets out the differences between their respective provisions. See also Practice Notes: Environmental impact assessments—key points Environmental impact assessment—screening and scoping Preparing an environmental statement Procedural requirements for environmental statements and decisions on EIA applications Appropriate assessment/habitats regulations assessment Derogations under the Habitats Regulations Key legislative framework EIA For town and country planning matters, EIA is regulated by: the Town and Country Planning (...
The conflict in Ukraine spurred the Economic Crime ( Transparency and Enforcement) Act 2022 ( EC( TE) A 2022), forming part of the UK government’s response. The Bill was hurried through Parliament in March 2022, completing every stage within five Parliamentary sitting days. EC( TE) A 2022 aims to stop the UK property market being used to store, hide or launder criminal proceeds and wealth, and to deliver greater openness about the ultimate owners of property and assets held in the UK. The Act is divided into three principal sections. Part 1 introduces substantive new primary legislation for registering overseas entities. Part 2 adjusts existing proceeds of crime laws relating to unexplained wealth orders. Part 3 amends the Policing and Crime Act 2017 to implement changes to the sanctions framework. EC( TE) A 2022, Pt 1, which brings in the overseas entities regime, will be of...
This Practice Note outlines the terms typically found in a partnership agreement for partnerships established under the Partnership Act 1890. It provides an overview of the statutory default rules that operate where no agreement exists, alongside the clauses commonly adopted in a partnership agreement. Partners are, in almost every case, advised to put a partnership agreement in place, so as to prevent the application of unsuitable default rules under the Partnership Act 1890 ( PA 1890), or to augment the statute where it does not go far enough. The PA 1890 expressly contemplates that all partners may, by unanimous consent, vary their statutory rights and obligations......
Negotiation Guide This Negotiation Guide forms part of the Practical lease negotiation collection. See also Practice Note: New starter guide—entering into new commercial leases. It provides guidance on negotiating the terms of a guarantee where a third party proposes to act as guarantor of a tenant’s obligations to a landlord under a lease of commercial premises. A guarantor’s obligations may be set out either in a clause within the lease, in a separate schedule to it, or in an entirely separate document (although the last of these is relatively uncommon). For the purposes of this guide, the relevant provisions in any such clause, schedule or separate document are referred to simply as ‘a/the guarantee’. In the context of commercial leases, the guarantor will typically be: a parent company of the tenant, or a company in the same corporate group as the tenant, or a director of and/or...
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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